Expungement of Criminal Records
If you have a criminal record that is more than 10 years old, you may be eligible to apply for an expungement. This process allows for the removal of certain criminal records, giving you a fresh start.
Eligibility Criteria for Expungement
To qualify for an expungement, you must meet the following conditions:
- You have not been convicted of any crimes since the original offence.
- The offence was not related to sexual crimes or murder.
- You did not serve any jail time.
- You did not pay a fine exceeding R20,000.
- If the conviction was for assault, it must have been common assault and not assault with intent to cause grievous bodily harm (GBH).
Expungement Process
The process consists of three steps
Step 1: Police Clearance Certificate
- Have your fingerprints taken at your local police station.
- We submit your fingerprints to the South African Police Service (SAPS) to apply for a police clearance certificate.
- The clearance certificate will indicate the nature of the offence, the time frame, and any fines paid.
Step 2: Application for Expungement
- Submit the police clearance certificate to the Department of Justice.
- The Department of Justice will apply to the High Court to have the criminal record removed.
- If the application is successful, the criminal record will be expunged.
Step 3: Confirmation of Expungement
- A new set of fingerprints is required.
- We apply for an updated police clearance certificate, which will confirm that no criminal convictions are listed under your name.